Distance Selling Regs - Paying Delivery & Returns Postage

dom31

Hi All,

Have some queries about delivery & returns postage, basically we've been told we can have a refund minus delivery charges (outgoing and return). I've listed the main points below and tried to keep it short and would grateful for some advise.

- Bought some furniture (not bespoke) from online only company in beginning of April with 10-12 weeks delivery, funds (credit card) to be taken when item was to be dispatched.
- Before the due date we were told it was delayed due to out of stock, but money was taken (appeared on credit card statement but not informed by company). Was then delayed further 2 times.
- Item was meant to be in stock weekend just gone but we got fed up of waiting around and phoned on the Thursday 17th before to cancel, but the companies phone's were down all day.
- Phoned Friday 18th to cancel the order but was told the item had now been sent out and would be delivered Monday 21st (no prior warning or arrangement of this date).
- Received an email later that day to confirm this an we must "inspect the item prior to signing as it could affect future claims" and also states "please check outer packaging".
- On Monday the delivery guy arrives but as expected he will only let me inspect outer package before signing, because I couldn't inspect the item as requested in the email I refused the delivery.
- The company is now saying we need to pay both the outgoing and returns delivery charge and will take 2 weeks to process a refund.

My thoughts are we shouldn't been paying delivery charges due to distance selling regs (although we never technically received the item as didn't sign for it. Also as the company gave us requests which didn't correspond with their couriers policy, no arrangement of delivery dates until we had phoned to cancel the item and continual changing of delivery estimates.

Am I right in thinking these are fair and legal reasons for not having to pay the delivery charges?

frugal_mike

The Distance Selling Regulations do not allow them to refuse to refund the outbound delivery charge so that at the very least needs to be returned to you. I can't remember for sure but I don't think it explicitly covers who pays return delivery if you refuse the initial delivery, but it does say that refusal to accept delivery is not a breach of contract and I suspect they can't charge you the return delivery in that situation.

Also note that The Distance Selling Regulations ceased to apply to any new contracts formed on or after June 13th of this year, but do still apply to contracts formed before this date.